Jump to content


  • Tweets

  • Posts

    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

We failed our I.V.A HELP


macca99931
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4069 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi please help

 

Having spent over a week reading posts i am more confused than ever,i went to the bank asking if they could help with a loan to buy a taxi as i could not find any work after losing my job.I was very stupid really, but they gave me a loan of £7,500 on our joint account on my wife's part time income but she was not present and did not consent to it.Basically the business failed as the car i got was in the garage more than on the road and cost me every penny we had + i made a total lose.

 

When we unable to pay for these loans anymore(i already had 1 and so did my wife with same bank)i contacted them for help and thought at first they seemed very helpful,they said not to worry they would put me on to a company that dealed in IVA's (payplan)plan plan took £289 of my wife a month and £189 off me,this was a little better than what we was paying the bank but after nearly 2 years of this and seeing the statements that showed the bank + max credit (was virgins cc mbna must have sold)we was barely paying anything to the bank or MC some months as little as .18p.

 

We have failed our IVA and have received letters confirming this.We asked PP for help on a few occasions and the best they would do was drop £5 a month which was a kick in the teeth as in that 2 years our expenses had gone though the roof.The new job i got after the failed taxi business has ended(2 yr contract)

 

Now the bank has sent a letter to me about the overdraft but still not received anything about the loan which my wife has, the letter was dated 3/4/13 recieved on the 11/4/13 and we have not heard from Max Credit YET.We have been to see a advice person from a local charity who has said for my wife to go Bankrupt,she also said with my debts been less than 15 k they should have advised me to go for a debt relief order and that is what she is saying i should now do.

 

Ok to the point now as we have no assets and a car we need for work and school which is less than £900 should we go ahead with BR or should we try and fight this by asking for original paperwork or sar which i no nothing about yet or should we just go with the advice center and after the BR is over the 6 yr make will our credit rating start to improve,and can Debt people still chase us for money.

 

(Deep Breath)I have tried to put as much info in this and i thank anyone that reads this and i will answer any questions if i have not got it all in,but my head is spinning now. :|

 

Kind Regards Mark & Clare

 

P.S my wife still unhappy about bank giving me loan on the strength of her wages which she believes this was illegal.They included our tax credits which that lovely man Mr Cameron has since stopped.:-x also our income is soily my wife's wage which is only P/T and we get very little child tax credit.

Link to post
Share on other sites

Whatever route you choose, BR or DRO, all your debts will be hovered up into that. Once the BR/DRO term is over, then NO, you will no longer be pursued for money.

 

I must admit I am a little puzzled that they gave you a loan on your wife's income, aside from anything else it was totally irresponsible.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Yes we are to,as i believe that i should have been turned down,could i contest it for that alone,as i feel they sold me it knowing that i did not have a income plus being a joint account she did not counter sign,her wages was only part time and they took our benifits into account.I will add more in the morning as being saturday night i have had one or two because its been a very stress for week.:| thanks for messaging

Link to post
Share on other sites

Right not really much more i can put,just want some help to see what we should do next,if it was you in our shoes what road would you go down,try and fight them or just get it out the way and goBK DBO.I must say that they really did sell this last loan to me and being as desprate as i was i took it more hoping life would improve having what i thought would have been a good imcome, but what turned into a living nightmare.

Link to post
Share on other sites

Is the account still with the original creditor ?

 

If so, you could make an official complaint to their Head Office. You need to head your letter as such else it will simply be ignored, or kept moving toward the bottom of the pile. They are obliged to either resolve or issue a final response within 8 weeks. If not resolved, then you can make a complaint to the Financial Ombudsman.

 

There is no stigma attached to Bankruptcy nowadays.. however, I understand there is a fee to pay. If you would find that hard to raise, perhaps it would be better to let the bank issue against you.

 

IMHO, I would be inclined to make the official complaint. Raise any points where you consider they have been complicit in your financial dilemma - you could advise that if they are unable to offer sensible advice to help you through this, then you will be happy to allow them to issue a claim against you where, you will raise the issues of their irresponsible lending and unfair treatment of you to the court.

 

Hope this helps.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

ok we spoke to the lady at advice center and my wife is going for bankruptcy, she advised me to go for a debt relief order but hopefully I will be starting a full time job very soon( Month or 2)she no's this but just said DRO as i have no income no assets, but i am worried that is is not best for me,so will this have major effects starting work ?and would it be best just to borrow the money and go BR myself?. Also we have a car which is in my wife's name and with her going for BR they said we would lose this or we might be able to offer the courts a small payment each month but its only worth 400 pound and is in a bad state,should we put it in another name i.e mine if going for DRO so it can not be taken?as we need it for school runs which is over 3 mile away and is not on a bus route,she then has to get to work then back again for pick up.

 

We though about contesting some of the credit but we would still be left with others so BR is defiantly best for my wife as debts over 22k and mine only been 13k but if going for DRO and it is failed because of new job,what position would i be in then would i have to go BR?in a few months time? as if so looks like BR my only route. :#(

 

 

Credit DON'T do it , Talk to Frank.

Link to post
Share on other sites

I doubt very much you would lose a car that is only valued at £400.00

 

I guess it all depends what type of employment you are in as to whether a DRO would affect your ability to work !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

my concern is if i go for this DRO and then get this bus driver job after i pass test thats if i do pass,because of a rise in income,would i stay in a DRO. Also this lady we been speaking to at advice center said we would lose the car but i thought the same, it ant worth nothing really but is much needed.

 

Thanks for your fast response Citizen but what do you think would happen after rise in income, still we would have very little left over as at mo my wife supports me on a part time wage and we are getting housing ben and council tax but that would then come out of my new income.Just want to get things right as not to get more of a headache further down the line.

Link to post
Share on other sites

I would think that you would certainly fail the DRO if you were to obtain employment. So probably best to try and hold creditors off until you can start to offer them even a token payment.

 

The only thing that I am not sure of, is, the loan.. will half of it be included in your Wife's bankruptcy or if it is in joint names, will the bank pursue you for all of it?

 

I will try and find someone with more knowledge who will be able to advise on that for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Can you confirm if the loan is in JOINT names or just your Wife's, please.

 

If in your wife's only then the loan will be hovered up into her Bankruptcy. If in Joint Names, then the bank will pursue you for it as you would be joint and severally liable.

 

You might want to consider this when making your decisions.

 

Again, if this is in your wife's name only - I cant imagine what the bank were doing when they granted the loan.. !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

hi sorry been away for a few days, we both have loans but not joint loans,my wife has started to get phone calls from credit solutions limited,she has told them she is not even sure what they are on about so could they send us original paper work and to only contact us by post,not that they have listened 4 calls in 1 day.But we just say we already told you so please stick to letters and not calls as we dont no what they on about.If my DRO would fail it looks like i will be best off going BR myself like the wife.Can the debt collection agency get bailiffs or will they just try and grind us down,as that will not work as we have thick skin now.If i just keep putting them off will they make us brankrupt as £1,400 is a lot for us to pay to go BR.

 

our joint account did have overdraft that is included in our debt so looks like they would then chase me for that,is that right?but i still not heard from anyone about my debts apart from this overdraft.when i tried to phone to deal with it i was told by lloyds that someone would contact me soon,i said to them so why are you asking me to phone you about this if you will not talk to me about it,as i was basically trying to say i was not even sure it was my debt.

Link to post
Share on other sites

oh sorry and just quickly read the 2 replys when they gave me the loan it was for me but on the strenght of my wifes income going into our joint account but she was never consulted nor did she argree to it,i only really wanted about 2k but walked out with 7.5 as saying i was getting a better deal :/

Link to post
Share on other sites

No, the DCAs cannot send in the bailiffs. In fact until they have issued and been awarded a Judgment by a court then there is very little they can do, other than to make your life a misery by way of telephone calls and letters.

 

And who is to say they WILL actually obtain a judgment ?

 

IMHO, you need to send a Subject Access Request to the bank from where you obtained the loan. Whilst the request is for ALL data, you should specifically request all contracts and other paperwork connected to the loan. If is a joint account you will both have to sign the Request. It will cost you £10.00 and they have 40 days to respond. What would be interesting to have in your possession would be any notes or financial assessment made when you applied for the loan.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...